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Joint Debt with ex partner now seeking charging order


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Hi All

 

Been a while since I have posted as I have been managing my debt issues quite well. However, one of my debts (£6000) was a joint bank account which I have not managed to deal with as effectively. I enetered into a Tomlin Order after their solicitors offered this and at the time I could manage the payment of £62 a month but after being made redundant I have struggled to pay it.

 

I have managed to locate my ex partner who is working full time and could possibly pay the order but apparently I have to take him to court independently. :mad2:

 

Anyway, This morning after having asked the court to ammend the payment to £5 a month. The following letter arrived stating:

 

It is ordered that the stay is lifted

leave is granted to apply for judgement

judgememtnis entered to the value of £6k ish

the defendant pays the app costs of £85

the defendents app to pay by instalments is refused to allow claimant to seek the secure of the debt by way of charging order. the court notes that if granted the claimant has indicated they would be happy to accept monthly payments of £5 and not enforce the chrge so long as payments were being made.

 

 

So please offer any opinions on this as I havent got this far before. I have just read sequenci's sticky on charging orders but am a tad baffled ! sorry:???:

 

any advice would be appreciated.

 

Thanks

Blossom

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They are happy to accept your £5 pm but as you have broke the terms of the TO they are now securing by way of the judgment and a CO, but will not enforce.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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:|! So is this a good result even though it is turning an unsecured debt into a secured one? Is there any way I can contest the CO?

 

Not really Blossom that's the agreed terms of the Tomlin Order.This is the important part to consider now " the court notes that if granted the claimant has indicated they would be happy to accept monthly payments of £5 and not enforce the chrge so long as payments were being made." so never miss a payment from here on.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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